Dashboard cameras have become an increasingly popular accessory on many vehicles. Also called dash cams, these relatively inexpensive accessories can be placed on your vehicle to record footage while driving. Some rideshare companies require them, but they are not mandatory for private motorists in New Jersey. Still, a dash cam can come in quite handy if you are involved in a traffic accident in the Garden State. The good news is that dash cam footage is admissible in court, and can be used to adjust or adjudicate your clam in a collision. However, there are some rules and considerations you should know about before installing a dash cam on your car. If you are involved in a collision, an experienced accident attorney can assist you with your claim.
Make sure your dash cam is properly placed
While most drivers can afford a dash cam, many don’t know where to place them. Proper placement of a dash cam can ensure the footage is properly recorded. It can also make sure that it doesn’t actually increase the likelihood of an accident.
Some motorists place the dash cam on the windshield on the driver’s side of the car. This is a mistake, as it can obstruct your vision. If this happens, it can actually contribute to a collision. Instead, as its name implies, the dash cam should be affixed to the passenger’s side of the dashboard.
You should make sure the lens is free of debris and the windshield is free. This will involve testing the dash cam to make sure it is capturing footage properly. An improperly placed or inadequately cleaned dash cam can provide footage that does not aid in your claim.
Do not edit any of the footage
The dash cam will yield what is known as raw footage. This is film of the entire accident without any editing or alteration. This raw footage is what must be provided to your attorney as well as to the other driver’s attorney. You may be tempted to edit the footage, such as cropping it to show a particular image or adding things like arrows to point things out. Despite the temptation, you should avoid doing this. Your attorney and any accident expert you may hire will be able to review the footage and do this properly. If you do anything to alter the footage, it may be deemed inadmissible in court. You could even be charged with tampering with evidence or have a negative inference placed on your claim under evidence spoliation.
Do not hide the dash cam footage
Not only can you use the dash cam footage, but so can other parties to the case. This means that if the footage tends to show you are at fault, it can and will be used against you in court. This is an important consideration when deciding on a dash cam for your car. A dash cam provides evidence that must be made available to all parties in a civil lawsuit. The other driver’s attorney can serve you with a discovery request for any and all video footage, which will require you to turn over the dash cam footage in the case.
A dash cam can be a useful tool to helping you win your case
Many accident cases turn on certain facts. Things like yielding at a stop sign, signaling before changing lanes, obeying traffic lights, and observing the posted speed limit can be the key to winning the lawsuit. However, in the absence of credible third party witness testimony, most accident lawsuits devolve into an argument between the two drivers over who took certain actions. A properly placed dash cam can often provide the key evidence, showing things like whether the driver was speeding and if the traffic light was green or red at the time of the accident.
If you are involved in a traffic accident, call our firm today
The Cassidy Law Firm has experienced traffic accident attorneys who can help you with your lawsuit. If you or a loved one is injured in an accident, call our firm today so we can provide you with the representation you need.